8-812

8-812. Child protective services expedited
substance abuse treatment fund

A. The child protective services expedited substance abuse treatment fund is
established consisting of monies appropriated by the legislature. The department of
economic security shall administer the fund.

B. Monies in the fund are exempt from the provisions of section 35-190 relating to
lapsing of appropriations.

C. Monies in the fund shall be used to provide expedited substance abuse treatment
to parents or guardians with a primary goal of facilitating family preservation or
reunification, including, if necessary, services that maintain the family unit in a
substance abuse treatment setting. Fund monies shall not be spent on behalf of a parent
or guardian unless all of the following are true:

1. The parent or guardian is a party to a dependency action concerning a child of
the parent or a child under the care of the guardian.

2. The parent or guardian is not eligible for benefits under title XIX of the
social security act (P.L. 89-97; 79 Stat. 344) or private insurance, or the necessary
substance abuse treatment service is not available under title XIX of the social security
act or private insurance.

3. The case plan provides for the child to either remain with or return to the
parent or guardian.

4. The treatment is necessary for the case plan to be accomplished.

D. The department of economic security shall give preference in using fund monies
to pay for treatment for parents or guardians who are parties in cases that are part of
any judicially or legislatively created program for expedited proceedings in dependency
determinations.

E. The fund is the payor of last resort for treatment. Fund monies shall not be
spent to pay for treatment if other monies are available to pay for the treatment. If it
is determined after fund monies are spent to pay for treatment that other monies were
available to pay for the treatment, the department of economic security may seek to have
the fund reimbursed for the payment.

F. The department of economic security shall make the following information
available to the public on request and on the department of economic security's web site:

1. The number and percentage of parents and guardians who are offered treatment
paid for with fund monies and who complete treatment.

2. The number of cases and children who are able to remain with or are returned to
the custody of their parents or guardians as a result, in whole or in part, of treatment
paid for with fund monies.

3. The number of children who receive expedited permanent placement as a result of
the availability of services paid for with fund monies.

4. Data for cases that are part of expedited proceedings as described in subsection
D of this section.

G. The department of economic security shall provide services pursuant to this
section in collaboration with the department of health services.

H. A recipient of services that are paid for with fund monies shall sign a written
statement that is substantially in the following form:

By signing this document, I indicate my understanding of the seriousness
of my substance abuse problem and its effects on my ability to parent my child
or children. I understand that this expedited substance abuse treatment
program is paid for with monies that were specifically provided to speed the
resolution of the case plan to return the child or children to the parent. I
acknowledge that successful completion of this treatment program will be a
significant factor in my future relationship with my child or children, the
state of Arizona and child protective services. I fully intend to complete the
substance abuse treatment program as part of the case plan to obtain custody
of my child or children.